Findings - PZ - 2018 - A-05-18/RZ-08-18 & PP-07-18 - Annexation And Rezone From Rut To R-2-Da And Preliminary PlatBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION AND REZONE
FROM RUT [RURAL -URBAN TRANSITION —
ADA COUNTY DESIGNATION] TO R -2 -DA
[RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT] AND PRELIMINARY PLAT
FOR HOLLYHOCK ESTATES SUBDIVISION
FOR JERRON LANGSTON
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-05-18/RZ-08-18 AND PP -07-18
The above -entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on December 3, 2018,
at which time public testimony was taken and the public hearing was closed. The Eagle Planning and
Zoning Commission, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jerron Langston, represented by Marty Camberlango, is requesting an annexation, rezone from
RUT (Rural -Urban Transition — Ada County designation) to R -2 -DA (Residential with a
development agreement), and preliminary plat approvals for Hollyhock Estates Subdivision, an 8 -
lot (7 -buildable, 1 -common) residential subdivision. The 6.72 -acre site is located on the east side
of North Lanewood Road approximately 770 -feet north of the intersection of West Floating
Feather Road and North Lanewood Road at 2220 North Lanewood Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Tuesday, May 29, 2018. A second
Neighborhood Meeting was held on-site at 6:00 PM, on Tuesday, July 31, 2018, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on June 26, 2018. The applicant submitted a revised preliminary plat
to the City on July 3, 2018. A second revised preliminary plat was submitted to the City on
September 7, 2018. A third revised preliminary plat was submitted to the City on October 9, 2018.
A fourth revised preliminary plat was submitted to the City on November 5, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on November 17, 2018. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 14, 2018. The site was
posted in accordance with the Eagle City Code on November 20, 2018. Requests for agencies'
reviews were transmitted on July 6, 2018, in accordance with the requirements of the Eagle City
Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable): See applicant's justification letter, date stamped by the City on June 26, 2018
(attached to the staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Neighborhood Residential
No Change
Neighborhood Residential
Neighborhood Residential
Neighborhood Residential
Neighborhood Residential
ZONING
DESIGNATION
RUT (Rural -Urban Transition
— Ada County designation)
R -2 -DA (Residential with a
development agreement)
R -3 -DA -P (Residential with a
development agreement —
PUD)
R -3 -DA -P (Residential with a
development agreement —
PUD)
R -3 -DA -P (Residential with a
development agreement —
PUD)
R -3 -DA -P (Residential with a
development agreement —
PUD)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site — 6.72 -acres
Total Number of Lots — 8
Total Number of Units — 7
Residential — 7
Commercial — 0
Industrial — 0
Common — 1
Single-family — 7
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — none
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LAND USE
Single-family dwelling and
agriculture
Residential subdivision
Proposed Lanewood
Subdivision
Single-family residential
subdivision (Lanewood
Subdivision No. 3)
Vacant parcel (Proposed
Lanewood Subdivision)
Lilac Springs Subdivision
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Percent of Site as Common Area
PROPOSED
I.04 -units per acre
21,785 -square feet
107 -feet
109 -feet
1.4 -acres
20.8%
J. GENERAL SITE DESIGN FEATURES:
REQUIRED
1.04 -dwelling units per acre
maximum (as limited within
the development agreement)
17,000 -square feet
75 -feet
35 -feet
1.21 -acres (minimum)
18% (minimum)
Open Space:
A total of 1.4 -acres (20.8%) of open space is proposed within the development. The open space
consists of a common area with a gazebo located at the southwest corner of the property, the buffer
area located adjacent to North Lanewood Road, cul-de-sac landscape island, and the required
landscape planter strips.
Landscape Screening:
The applicant will be required to construct the required landscape buffer located adjacent to North
Lanewood Road.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — Yes — the existing house is served by a septic system.
Pressurized Irrigation:
The applicant provided a Pressure Urban Irrigation System (PUIS) report, date stamped by the
City on September 26, 2018, which indicates the property will be served by the New Dry Creek
Ditch Company irrigation water.
Preservation of Existing Natural Features:
The site contains mature trees located in proximity to the existing residence. Eagle City Code
Section 9-3-8 (B) states that existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic spots and
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similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
K. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on November 5, 2018, shows one (1) street section
associated with the proposed development. The street sections show a 47 -foot right-of-way
inclusive of a 33 -foot travelway (measured from back of curb to back of curb). The right-of-way is
also inclusive of 7.5 -feet of the planter strip located on each side of the street. The street section
also shows eight -foot (8') wide planter strips and a five-foot (5') wide detached sidewalk located
on each side of the street.
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat, date stamped by the city on November 5, 2018, shows Golden Crown Court
constructed as a cul-de-sac located approximately 425 -feet into the site from a "Proposed Road by
Others" (as identified on the preliminary plat).
Sidewalks:
The preliminary plat, date stamped by the City on November 5, 2018, shows 5 -foot wide detached
sidewalks separated from the street by 8 -foot wide parkways located on both sides of the street.
Curbs and Gutters:
Rolled curbing which meets Ada County Highway District standards are proposed for the interior
street.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The applicant will be required to construct a sidewalk/pathway located adjacent to North
Lanewood Road.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
M. PUBLIC USES PROPOSED: None proposed.
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N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exist.
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The subdivision will be served with central water from the City of Eagle Municipal Water System.
The lots will be served by central sewer from Eagle Sewer District. Fire service will be provided
by Eagle Fire Department. Police protection will be provided by Eagle Police Department.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — Located at the northwest corner of the property in proximity to the existing
house and accessory structures.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — Yes — Drainage ditch located adjacent to the eastern property line
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated November 14, 2018, are of special
concern (attached to the staff report).
City Water Supervisor: Storage and Trunk Line (STL) Fee Waiver Request — Memo approving
waiver to delay payment of Eagle Municipal Water STL fees, dated June 27, 2018 (attached to the
staff report).
City Trails Coordinator: Email dated July 6, 2018, indicating there are no pathway issues (attached
to the staff report).
Ada County Highway District (2)
Andeavor
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Sawtooth Law Offices, PLLC (on behalf of Drainage District No. 2)
S. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
below. The height for berrning/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of way:
four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (507c) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided in combination with the berm, a four foot (4') wide flat area shall
be provided for the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
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3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining
streets or roadways;
m. Any proposed or existing utilities, including, but not limited to, storm and sanitary
sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire
hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement of
location, dimensions and purpose of such
• Eagle City Code Section 9-3-8(D): Public Sites and Open Spaces: Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated areas.
A section within the subdivision CC&Rs shall be created for the regulation of fences to this
effect.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of this
title, or his/her representative, hereinafter referred to as "administrator"). After installation and
acceptance by the administrator, the city shall have the right to pay the cost of maintenance
and power and assume ownership of the streetlights.
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• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to
be served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city hall)
pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water
purveyor, and the installation of a state approved reduced pressure backflow
prevention assembly or an air gap separating the irrigation system and the potable
water system. The operation, maintenance, associated costs, and annual inspection
of the backup connection and the backup system's reduced pressure backflow
prevention assembly shall be the responsibility of the entities as determined in
"Pressure Irrigation Standards" of this section. Individual backup connections to
individual lots by individual lot owners shall be prohibited with the exception of
the common area lots owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the City Engineer.
• Eagle City Code Section, 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with Section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION (based on the preliminary plat, date stamped by the City on November 5, 2018):
• The City received email correspondence from Lynn Moser, General Manager of the Eagle
Sewer District, dated July 6, 2018, from Lynn Moser, General Manager of the Eagle Sewer
District, which indicated the subject property is not annexed into the District. The email
further states the property would need to be annexed prior to review of the central sewer plans.
The applicant should be required to provide correspondence from Eagle Sewer District
confirming the subject property has been annexed into the District prior to submittal of a final
plat application.
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• Plat note #6 of the preliminary plat states, "Storm drain water from streets shall be routed to a
seepage bed located in the street right-of-way.
The preliminary plat does not identify the location of the storm water seepage bed(s). If the
storm water seepage bed(s) are located within the required planter strips this will not allow for
the planting of the required street trees within the planter strip area. The applicant should be
required to provide a revised preliminary plat showing the location of the storm water seepage
bed(s) to be located outside of the required planter strips prior to submittal of a design review
application. In the event the storm water seepage bed(s) are located within an ACHD easement
the applicant should provide a revised preliminary plat with plat note #6 revised to reference
the ACHD master perpetual storm water drainage easement. The revised preliminary plat
should be provided prior to submittal of a design review application.
• Plat note #8 of the preliminary plat states, "Pressurized irrigation water will be provided to this
subdivision by home owner assoc." (sic)
The plat note does not address who is responsible for the operation and maintenance of the
pressurized irrigation system. The applicant should be required to provide a revised
preliminary plat with plat note #8 revised to state, "The pressurized irrigation system shall be
owned and maintained by the Hollyhock Estates Subdivision Homeowner's Association." The
revised preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #9 of the preliminary plat states, "Common Lot 4, Block 1 shall have a 35' wide
sewer and water line easement and shall be landscaped and maintained by the home owners
assoc." [sic]
The sewer and water line easement will be addressed with plat note #5. Plat note #9 should
only address Lot 4, Block 1 as being a landscaped common lot to be owned and maintained by
the homeowner's association. The applicant should provide a revised preliminary plat with
plat note #9 revised to state, "Lot 4, Block 1, is common/open space lot to be owned and
maintained by the Hollyhock Estates Subdivision Homeowner's Association." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Plat note #10 of the preliminary plat states, "Setbacks shall be as outlined in the subdivision
CC&Rs and comply with the City of Eagle Building Code."
The minimum building setbacks for the respective zoning designations are identified in Eagle
City Code Section 8-2-4, Schedule of Building Height and Lot Area Regulations. The
aforementioned section is located within Title 8 Zoning of the City code. The minimum
building setbacks required by the City are not regulated by the CC&Rs. The applicant should
be required to provide a revised preliminary plat with plat note #10 revised to state,
"Minimum building setback lines shall be in accordance with the City of Eagle Zoning
Ordinance at the time of issuance of the building permit." The revised preliminary plat should
be provided prior to submittal of a final plat application.
• Plat note #14 of the preliminary plat states, "No direct access to residential lots from Lot 5,
Block 1, to Lanewood Road."
Lot 5, Block 1, is a buildable lot that is not contiguous to North Lanewood Road. Lot 4, Block
1, is located between North Lanewood Road and Lots 5-8, Block 1. The applicant should
provide a revised preliminary plat with plat note #14 revised to state, "Direct lot access to
North Lanewood Road is prohibited unless approved by the Ada County Highway District and
the City of Eagle." The revised preliminary plat should be provided prior to submittal of a
final plat application.
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• The preliminary plat does not contain a plat note regarding re -subdivision of the lots. The
applicant should be required to provide a revised preliminary plat with a new plat note which
states, "Any re -subdivision of this plat shall comply with applicable zoning and subdivision
regulations in effect at the time of re -subdivision." The revised preliminary plat should be
provided prior to submittal of a final plat application.
• The preliminary plat identifies what appears to be an irrigation ditch located at the northwest
corner of the development within Lot 4, Block 1, traveling through a portion of Lots 8 and 7,
Golden Crown Court, through Lot 2, Block 1 and terminating at the Middleton Mill Ditch. It
is unknown what the applicant's intention is to address the irrigation ditch. The applicant
should be required to re -locate the existing irrigation ditch located through a portion of Lots 8
and 7, Block 1, Golden Crown Court, Lot 2, Block 1 and terminating at the Middleton Mill
Ditch. The irrigation ditch should be re -located prior to the City Clerk signing the final plat.
• ACHD is requiring the applicant to dedicate additional right-of-way and widen North
Lanewood Road. The preliminary plat does not contain a typical street section showing North
Lanewood Road. The applicant should be required to provide a revised preliminary plat with a
North Lanewood Road typical street section showing the improvements required pursuant to
the ACHD approval. The revised preliminary plat should be provided prior to submittal of a
final plat application.
• The preliminary plat shows Golden Crown Court will take access from a street labeled
"Proposed Road By Others." The "Proposed Road By Others" is actually North Venetian
Drive and is located within the proposed Lanewood Church Subdivision. The timing of the
completion of North Venetian Drive is unknown. Golden Crown Court provides access to all
the residential lots located within the proposed subdivision. North Venetian Drive located
within Lanewood Church Subdivision should be completed and accepted by ACHD prior to
submittal of a final plat application for Hollyhock Estates Subdivision.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, and preliminary plat with conditions of approval as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 3, 2018, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated the following concerns:
• The individual questioned if the Andeavor gas line is located within the site.
• The individual does not agree on how density is calculated and indicated the proposed subdivision
has a higher density than what is being presented within the staff report.
• The individual wanted to know if the height would be restricted within the development.
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COMMISSION DELIBERATION: (Granicus time 01:50:45)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They are supportive of the size of lots, lot coverage, and setbacks being proposed.
• They are supportive of the requiring open style fencing located adjacent to the common areas.
• They agree with modifying Site Specific Condition of Approval #17 to discourage the need to create a
temporary access point to Lanewood Road.
• There is no opposition to the application.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Johnson absent) to recommend approval of A-05-18 and RZ-08-18 for an
annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -2 -DA
(Residential with a development agreement) for Jerron Langston with the following staff recommended
conditions to be placed within a development agreement:
3.1 The maximum density of the Property shall be 1.04 -dwelling units per acre (7 -dwelling units).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space and corner lots to be open -style
such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type
wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink)
shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
Page 11 of 19
K:Wlanning Dept\Gagk Applications1SUI3S120181Hollyhock Estates Sub piSdoc
3.5 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands, 3) landscape
screening details of the irrigation pump house (if proposed), 4) all proposed fencing throughout the
development, and 5) street lights. The design review application shall be reviewed and approved by
the Eagle Design Review Board prior to the submittal of a final plat application.
COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 4 to 0 (Johnson absent) recommend approval of PP -07-18 for a preliminary plat for
Hollyhock Estates Subdivision (Exhibit A) for Jerron Langston with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with underline to be
added by the Commission and text shown with strike through to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-08-18.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A
fence permit is required prior to construction of a fence in any of these locations.
5. The applicant shall pay the required $7,350.00 preliminary plat Storage Trunk Line fee along with
the associated final plat Storage Trunk Line fee at the time of submittal of the final plat application.
(Resolution No. 08-09)
6. Provide a revised preliminary plat showing the location of the storm water seepage bed(s) located
outside of the required planter strips prior to submittal of a design review application. In the event
the storm water seepage bed(s) are located within an ACHD easement the applicant shall provide a
revised preliminary plat with plat note #6 revised to reference the ACHD master perpetual storm
water drainage easement. The revised preliminary plat shall be provided prior to submittal of a
design review application.
7. Provide a revised preliminary plat with plat note #8 revised to state, "The pressurized irrigation
system shall be owned and maintained by the Hollyhock Estates Subdivision homeowner's
association." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9-4-1-6[C])
8. Provide a revised preliminary plat with plat note #9 revised to state, "Lot 4, Block 1, is
common/open space lot to be owned and maintained by the Hollyhock Estates Homeowner's
Association." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 9-3-8[D])
9. Provide a revised preliminary plat with plat note #10 revised to state, "Minimum building setback
lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the
building permit." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 8-2-4)
10. Provide a revised preliminary plat with plat note #14 revised to state, "Direct lot access to North
Lanewood Road is prohibited unless approved by the Ada County Highway District and the City of
Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application.
Page 12 of 19
K:1Planning UcptlEaglc Applications\SUBS120I81Hoilyhock Estates Sub pzfdoc
11. Provide a revised preliminary plat with a new plat note which states, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement associated with RZ-08-18 and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
12. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat
shall comply with applicable zoning and subdivision regulations in effect at the time of re-
subdivision." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
13. The applicant shall be required to re -locate the existing irrigation ditch located through a portion of
Lots 8 and 7, Block 1, Golden Crown Court, Lot 2, Block 1 and terminating at the Middleton Mill
Ditch. The irrigation ditch shall be re -located prior to the City Clerk signing the final plat.
14. Provide a revised preliminary plat with a new plat note which states, "This development recognizes
Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural
facility or expansion thereof shall be or become a nuisance, private or public, by any changed
conditions in or about the surrounding nonagricultural activities after it has been in operation for
more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it
began or was constructed. The provisions of this section shall not apply when a nuisance results from
the improper or negligent operation of an agricultural operation, agricultural facility or expansion
thereof." The revised preliminary plat shall be provided prior to submittal of a final plat application.
15. Provide a revised preliminary plat showing streetlights to be located a minimum of 300 -feet on
center and at the intersection, and terminus of the cul-de-sac located within the development. The
revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-4-1-
5)
16. Provide a revised preliminary plat with a typical street section for North Lanewood Road showing
the improvements required pursuant to the ACHD approval. The revised preliminary plat shall be
provided prior to submittal of a final plat application. (ECC 9-3-2[C][3][i,n])
17. North Venetian Drive located within Lanewood Church Subdivision shall be completed and
accepted by ACHD prior to the City Clerk signing the final plat. submittal of a final plat application
for :Ik11yhock EE.Aatos Subdivision-.
18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's
direction) to protect all trees that are to be preserved, prior to the commencement of any construction
on the site.
19. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with
the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion
of the development that is completed, including street trees that have been installed. On-going surety
Page 13 of 19
K:1Planning DeptlEaglc Applications\SUBS12Ql81Hoilyhock Estates Sub pzl:doc
for street trees for all undeveloped portions of the development will be required through project
completion. (ECC 8 -2A -7[E] and ECC 8-2A-18)
20. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to the City Clerk signing the final
plat. (ECC 9-4-1-2)
21. The Hollyhock Estates Subdivision shall remain under the control of one Homeowners Association.
(ECC 9-3-8[D][4])
22. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
23. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Page 14 of 19
K:U'lanning Ikpt1E:agk Applications1SUBS120181HnUyhock Estates Sub pzf.doc
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
1 1 . No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. AH construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
Lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
Page 15 of 19
K:Wianning t) p1U agle Applications\SUBs12018111ollyhock Estates Sub pz.I doc
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
Page 16 of 19
K:11'lanning IkptlEaglc Applications\SUBS120181Hollyhock Estates Sub pzLdoc
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
Page 17 of 19
K:11'lanning tlept\Eagle ApplicationslSUBS120I81Hn11yhock Estates Sub pzi.doc
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-05-18/RZ-08-18) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R -2 -DA (Residential -Estates with a development agreement)
is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan
Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist, or are expected to be provided, to serve
all uses allowed on this property under the proposed zone;
c. The proposed R -2 -DA (Residential with a development agreement) zoning district is compatible
with the R -3 -DA (Residential with a development agreement) zone and land use to the north since
that area will be developed with a church site;
d. The proposed R -2 -DA (Residential with a development agreement) zoning district is compatible
with the R -3 -DA (Residential with a development agreement) zone and land uses to the south and
west since those areas have been developed with residential subdivisions and the proposed
subdivision provides lot sizing that is compatible with the lots sizes within the adjacent
subdivisions;
e. The proposed R -2 -DA (Residential with a development agreement) zoning district is compatible
with the R -3 -DA (Residential with a development agreement) zone and land use to the east since
that area is being developed with a residential subdivision and the proposed subdivision provides
lot sizing that is compatible with the lots sizes within the adjacent subdivision;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP -07-18) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the findings provided within this document and the proposed residential use is in
accordance with the residential land use designation of this area shown within the Comprehensive
Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal, sewer, and water; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire District,
Eagle Sewer District, and the Ada County Highway District, as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of approval as set
forth within the conditions of approval herein.
Page 18 of 19
K:Wlanning Dept\Eagle Applications\SUBSUt11 R1Hollybock Estates Sub pzi.doc
DATED this 17th day of December, 2018.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City lerk
Page 19 of 19
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